Texas 2023 - 88th Regular

Texas Senate Bill SB169 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R3322 JSC-D
2	2	By: Blanco S.B. No. 169
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to notice for certain defendants regarding the unlawful
8	8	possession or acquisition of a firearm or ammunition.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 14.06(b), Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	(b) A peace officer who is charging a person, including a
13	13	child, with committing an offense that is a Class C misdemeanor,
14	14	other than an offense under Section 49.02, Penal Code, may, instead
15	15	of taking the person before a magistrate, issue a citation to the
16	16	person that contains:
17	17	(1) written notice of the time and place the person
18	18	must appear before a magistrate;
19	19	(2) the name and address of the person charged;
20	20	(3) the offense charged;
21	21	(4) information regarding the alternatives to the full
22	22	payment of any fine or costs assessed against the person, if the
23	23	person is convicted of the offense and is unable to pay that amount;
24	24	and
25	25	(5) the following admonishment, in boldfaced or
26	26	underlined type or in capital letters:
27	27	"If you are convicted of a misdemeanor offense involving
28	28	violence where you are or were a spouse, intimate partner, parent,
29	29	or guardian of the victim or are or were involved in another,
30	30	similar relationship with the victim, it may be unlawful for you to
31	31	possess or acquire [purchase] a firearm, including a handgun or
32	32	long gun, or ammunition, pursuant to federal law under 18 U.S.C.
33	33	Section 922(g)(9) or Section 46.04(b), Texas Penal Code. If you
34	34	have any questions whether these laws make it illegal for you to
35	35	possess or acquire [purchase] a firearm, you should consult an
36	36	attorney. If you make a false statement to the court under oath
37	37	relating to your possession or acquisition of a firearm or
38	38	ammunition, you may be subject to prosecution for an offense under
39	39	Section 37.02, Texas Penal Code."
40	40	SECTION 2. Article 26.13, Code of Criminal Procedure, is
41	41	amended by adding Subsection (a-1) to read as follows:
42	42	(a-1) Before accepting a plea of guilty or a plea of nolo
43	43	contendere, the court shall admonish the defendant by using the
44	44	following statement:
45	45	"If you are convicted of a felony offense, it may be unlawful
46	46	for you to possess or acquire a firearm, including a handgun or long
47	47	gun, or ammunition, pursuant to federal law under 18 U.S.C. Section
48	48	922(g)(1) or Section 46.04(a), Texas Penal Code. If you have any
49	49	questions whether these laws make it illegal for you to possess or
50	50	acquire a firearm, you should consult an attorney. If you make a
51	51	false statement to the court under oath relating to your possession
52	52	or acquisition of a firearm or ammunition, you may be subject to
53	53	prosecution for an offense under Section 37.02, Texas Penal Code."
54	54	SECTION 3. Article 27.14(e)(1), Code of Criminal Procedure,
55	55	is amended to read as follows:
56	56	(e)(1) Before accepting a plea of guilty or a plea of nolo
57	57	contendere by a defendant charged with a misdemeanor involving
58	58	family violence, as defined by Section 71.004, Family Code, the
59	59	court shall admonish the defendant by using the following
60	60	statement:
61	61	"If you are convicted of a misdemeanor offense involving
62	62	violence where you are or were a spouse, intimate partner, parent,
63	63	or guardian of the victim or are or were involved in another,
64	64	similar relationship with the victim, it may be unlawful for you to
65	65	possess or acquire [purchase] a firearm, including a handgun or
66	66	long gun, or ammunition, pursuant to federal law under 18 U.S.C.
67	67	Section 922(g)(9) or Section 46.04(b), Texas Penal Code. If you
68	68	have any questions whether these laws make it illegal for you to
69	69	possess or acquire [purchase] a firearm, you should consult an
70	70	attorney. If you make a false statement to the court under oath
71	71	relating to your possession or acquisition of a firearm or
72	72	ammunition, you may be subject to prosecution for an offense under
73	73	Section 37.02, Texas Penal Code."
74	74	SECTION 4. Article 42.0131, Code of Criminal Procedure, is
75	75	amended to read as follows:
76	76	Art. 42.0131. REQUIRED NOTICE REGARDING FIREARMS [FOR
77	77	PERSONS CONVICTED OF MISDEMEANORS INVOLVING FAMILY VIOLENCE]. If a
78	78	person is convicted of a misdemeanor involving family violence, as
79	79	defined by Section 71.004, Family Code, or of a felony, the court
80	80	shall notify the person of the fact that:
81	81	(1) it is unlawful for the person to possess or acquire
82	82	[transfer] a firearm or ammunition; and
83	83	(2) a person who makes a false statement to the court
84	84	under oath relating to the person's possession or acquisition of a
85	85	firearm or ammunition is subject to prosecution for an offense
86	86	under Section 37.02, Penal Code.
87	87	SECTION 5. (a) Article 14.06, Code of Criminal Procedure,
88	88	as amended by this Act, applies only to an offense committed on or
89	89	after the effective date of this Act. An offense committed before
90	90	the effective date of this Act is governed by the law in effect on
91	91	the date the offense was committed, and the former law is continued
92	92	in effect for that purpose. For purposes of this subsection, an
93	93	offense was committed before the effective date of this Act if any
94	94	element of the offense occurred before that date.
95	95	(b) Articles 26.13 and 27.14, Code of Criminal Procedure, as
96	96	amended by this Act, apply to a plea of guilty or a plea of nolo
97	97	contendere accepted by a court on or after the effective date of
98	98	this Act, regardless of whether the offense for which the plea was
99	99	accepted was committed before, on, or after that date.
100	100	(c) Article 42.0131, Code of Criminal Procedure, as amended
101	101	by this Act, applies to a judgment of conviction entered on or after
102	102	the effective date of this Act, regardless of whether the offense of
103	103	which the defendant is convicted was committed before, on, or after
104	104	that date.
105	105	SECTION 6. This Act takes effect September 1, 2023.